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Kerala High Court
Aadhil P Y vs State Of Kerala on 6 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:30272
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF APRIL 2026/16TH CHAITHRA, 1948
BAIL APPL. NO. 1796 OF 2026
CRIME NO.52/2026 OF HARBOUR POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.14:
CHRISTEL GEORGE
AGED 26 YEARS, SON OF K D GEORGE,
KULANGARAPARAMBU, M N THACHO ROAD, KOCHUPALLY,
THOPPUMPADY, ERNAKULAM, KERALA, PIN - 682005
BY ADVS.
SMT.STIYA SIVAN
SMT.K.R.RENJU
SMT.ASITHA M.M.
SMT.ANJITHA APREM
SMT.HARITHA HARINATH
SMT.ATHIRA SUDHEER V.
SHRI.AMITH P. JOSE
SMT.RIYA SIMON
SHRI.MUHAMMED MUZAMMIL C. U.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.04.2026, ALONG WITH BAIL APPL.1797/2026, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 1796 & 1797 OF 2026
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2026:KER:30272
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF APRIL 2026/16TH CHAITHRA, 1948
BAIL APPL. NO. 1797 OF 2026
CRIME NO.52/2026 OF HARBOUR POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.13:
AADHIL P Y
AGED 23 YEARS
20/930 B PERUMAL PARAMBIL, SUMAYYA MANZIL,
HOSPITAL ROAD, PALLURUTHY S.O, ERANAKULAM,
PIN - 682006
BY ADVS.
SMT.STIYA SIVAN
SMT.K.R.RENJU
SMT.ASITHA M.M.
SMT.ANJITHA APREM
SMT.HARITHA HARINATH
SMT.ATHIRA SUDHEER V.
SHRI.AMITH P. JOSE
SMT.RIYA SIMON
SHRI.MUHAMMED MUZAMMIL C. U.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.04.2026, ALONG WITH BAIL APPL.1796/2026, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 1796 & 1797 OF 2026
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ORDER
These applications are filed under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
BNSS), seeking pre-arrest bail.
2. Bail Appl. No.1797 of 2026 is filed by
accused No.13 and Bail Appl. No.1796 of 2026 is filed by
accused No.14 in Crime No.52/2026 of Harbour Police
Station, Ernakulam District. The offences alleged are
punishable under Sections 296(b), 115(2), 118(1), 351(3),
310(2), 111(2)(b), 142 and 312 of the Bharatiya Nyaya
Sanhita, 2023 and Section 7 read with Section 27(2) of the
Indian Arms Act, 1959.
3. The prosecution case, in short, is that,
due to previous enmity towards the defacto complainant
and his friend, the accused, with an intention to commit
robbery and cause death to the defacto complainant and
his friend, on 12.02.2026 at about 12.00 a.m., formed
themselves into an unlawful assembly and, in prosecution
of the common object of assembly, abducted and confined
the defacto complainant and his friend. Accused Nos.1 to 7
BAIL APPL. NOS. 1796 & 1797 OF 2026
2026:KER:30272
kicked and slapped the chest and abdomen of the defacto
complainant. Accused No.1 threatened to kill him by
putting a pistol on his forehead in a car bearing registration
No.KL-43-B-7911. Accused No.3 committed robbery of an
amount of Rs.1,50,000/- from the car bearing registration
No.KL-69A-0025 owned by the friend of the defacto
complainant and thereby committed the aforesaid offences.
4. I have heard Smt. Stiya Sivan, the
learned counsel for the applicants and Sri. K.A.Noushad,
the learned Senior Public Prosecutor. Perused the case
diary.
5. The learned counsel for the applicants
submitted that the applicants are innocent and have been
falsely implicated in the present case. The counsel further
submitted that no materials are on record to connect the
applicants with the alleged crime; hence, they are entitled
to bail. The learned Senior Public Prosecutor, on the other
hand, submitted that the alleged incident occurred as part
of the applicants' intentional criminal acts, and if they are
released on bail at this stage, it will affect the course of the
BAIL APPL. NOS. 1796 & 1797 OF 2026
2026:KER:30272
investigation.
6. The law regarding the grant or refusal of
pre-arrest bail is well settled. Pre-arrest bail cannot be
granted as a matter of course. The power under Section
482 of BNSS could be exercised only when a special case is
made out, that too, recording reasons thereof. Perusal of
the case diary reveals that the accusation made against
the applicants is very serious in nature, and it prima facie
shows a premeditated criminal act on their part. The
investigation reveals specific role of the applicants in the
incident. The CCTV visuals would show that the accused
No.14 was carrying a pistol. The investigation further
reveals that the accused No.13 assaulted the defacto
complainant. Considering the gravity of the offence and
stage of the investigation, I am of the view that this is not
a fit case where the extraordinary jurisdiction vested with
this Court under Section 482 of BNSS could be invoked.
7. The learned counsel for the applicants
submitted that the applicants are ready to surrender before
the investigating officer. Accordingly, these bail
BAIL APPL. NOS. 1796 & 1797 OF 2026
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applications are disposed of on the following conditions:
(i) The applicants shall appear before the
Investigating Officer within a week from today and shall
subject themselves to interrogation.
(ii) After interrogation, if the Investigating Officer
arrests the applicants, they shall be produced before the
jurisdictional court without undue delay.
(iii) On production of the applicants before the
jurisdictional court, if any application for bail is filed, the
court shall consider the same, preferably on the same day
itself, in accordance with law.
(iv) The copy of the bail application shall be
given to the Prosecutor in advance.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NOS. 1796 & 1797 OF 2026
2026:KER:30272
APPENDIX OF BAIL APPL. NO. 1796 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE ORDER DATED 19/03/2026 OF
THE HONOURABLE SESSIONS COURT, ERNAKULAM, IN
B. A NO. 491/2026 IN CRIME NO. 52/2026 OF
HARBOUR CRIME POLICE STATION, ERNAKULAM
BAIL APPL. NOS. 1796 & 1797 OF 2026
2026:KER:30272
APPENDIX OF BAIL APPL. NO. 1797 OF 2026
PETITIONER ANNEXURES
ANNEXURE A-1 A TRUE COPY OF THE ORDER DATED 19/03/2026 OF
THE HONOURABLE SESSIONS COURT, ERNAKULAM, IN
B. A NO. 491/2026 IN CRIME NO. 52/2026 OF
HARBOUR CRIME POLICE STATION, ERNAKULAM
